채무부존재확인
1. The main text of the judgment of the first instance, including the plaintiffs' claims expanded in the trial, shall be modified as follows:
1. Basic facts
A. The plaintiff A acquired ownership by fully paying the sale price on October 7, 2008 with the decision to permit the sale of the Etel No. 104 (the term "No. 1305" hereinafter referred to as "the instant officetel No. 104") (the term "the instant officetel No. 1304") in Jeju-si, the aggregate building No. D. The plaintiff B consists of "No. 1302" and "No. 1303"; hereinafter referred to as "No. 2 of the instant officetel No. 104"). The plaintiff B acquired ownership by completely paying the sale price on March 3, 2009 upon obtaining the decision to permit the sale of the instant officetel No. 104.
The defendant is an organization composed of sectional owners of the instant officetel including the plaintiffs.
B. The former owners of each of the above units of this case did not pay the management expenses for a reasonable period, and the defendant demanded that the former owners pay all the management expenses in arrears when the plaintiffs acquired the ownership of the above units of units.
C. Meanwhile, among the instant officetels No. 104, Plaintiff A donated 270.6/60 of the 602.03 shares to G as an incorporated foundation, and on April 14, 2009, the registration of transfer of ownership (shares) was completed in G as an incorporated foundation.
On December 2, 2013, G, a foundation, transferred to Plaintiff A the right to claim compensation for damages and the right to claim the return of management expenses with respect to the Defendant equivalent to his share of the instant officetel No. 104, and notified the Defendant of the transfer at that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 18 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination as to the claim for confirmation of absence of delinquent management expenses
A. 1) Whether to succeed to delinquent management expenses (A) The plaintiffs' assertion that the ownership of real estate due to the plaintiffs' voluntary auction is the original acquisition and the instant officetels.